Small v. National Surety Corp.

The opinion of the Court was delivered by

Mr. Associate Justice Fispiburne.

This appeal brings up for review a judgment of nonsuit granted by the Circuit Court upon motion of the defendant, National Surety Corporation. The action was brought against the defendant on the official bond of one W. T. Bell, a State highway patrolman, for personal injuries alleged to have been caused by the negligent and unlawful conduct of the patrolman while acting as such on or about the 30th day of June, 1938.

Upon the close of the plaintiff’s testimony the Circuit Court held that no right of action accrued to the…